Showing posts with label LawSuit. Show all posts
Showing posts with label LawSuit. Show all posts

Wednesday, February 19, 2025

Audiotape of St. Tammany Parish Republican Pol Proves Perilous; Trump and Christians Attacked, P-rn Promoted, ALA Protected - CENSORED BY DISTRICT ATTORNEY

In breaking news, here is a transcript of, and audio recording by, former St. Tammany Parish Library Board of Control member William (Bill) R. McHugh, III, speaking with St. Tammany Parish Council District 13 Councilman Jeff Corbin, pictured top right.  This recording was intended for use in a lawsuit Mr. McHugh just lost big as described here:
The recording was discussed in local media here:
And here is the telephone conversation and its politically-charged nature discussed by Citizens for a New Louisiana on 19 November 2024:




My personal favorite parts of the conversation are where they talk about a law defunding the American Library Association.  Love that!  And it's going to happen more and more now that the US Department of Education exposed the "book ban" hoax and DEI is dead.  And they tell themselves they aren't "gr[00]ming" children.  We all wish it were that simple.

Now, below is the transcript and here is the transcript and full recording synched together for your listening and re-listening pleasure: TRANSCRIPT AND RECORDING BY BILL McHUGH OF JEFF CORBIN HERE [CENSORED PER ORDER OF DISTRICT ATTORNEY, 22ND JUDICIAL DISTRICT, WASHINGTON — ST. TAMMANY PARISHES, CIVIL DIVISION, 214954 KOOP DR, 2G, MANDEVILLE LA 70471]. 

It's very rare to see a politician, Republican, no less, and a library board member so interested in keeping kids exposed to inappropriate material that they feel people must serve on and stay on library boards to keep out the Christians and the Trump supporters who oppose harming children per American Library Association's 60 years of effort.  But there it is, res ipsa loquitur.  

It happens all the time, it's just rare that it got recorded, reported, and we get to see it.  Sad.  Were I residing there, I know for whom I wouldn't vote, nor for any of their supporters or supporting library "alliances," especially not the one ALA created.


TRANSCRIPT:

[CENSORED PER ORDER OF DISTRICT ATTORNEY, 22ND JUDICIAL DISTRICT, WASHINGTON — ST. TAMMANY PARISHES, CIVIL DIVISION, 214954 KOOP DR, 2G, MANDEVILLE LA 70471]

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:
[inaudible 00:06:34]

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:
[inaudible 00:07:18]

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:
[inaudible 00:09:05]

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:
[inaudible 00:13:35].

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:
(laughs).

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:
[NOTE: redacted for privacy].

William (Bill) R. McHugh, III:

Jeff Corbin:
[NOTE: redacted for privacy].

William (Bill) R. McHugh, III:

Jeff Corbin:
[NOTE: redacted for privacy]

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:

William (Bill) R. McHugh, III:

Jeff Corbin:



NOTE ADDED 5 MARCH 2025:

Apparently I'm such a good investigative reporter that I have been ordered to censor my report.  So I did.  

Once ALA wanted me to remove something I published, but I didn't, so go read what Chicago's ALA wanted censored and doesn't want you to read:
This time the censorship request comes from a legitimate source and for a legitimate-sounding reason, as opposed to ALA trying to hide its own internalized homophobia, that is still has, by the way.  I don't believe I've distributed this material past an email or so to governmental leaders in the Parishes and this publication, and I'm deleting the text and any associated links from this post.  I will not provide the transcript/audio to anyone even if asked.  I'm aiming to fully comply with the cease and desist letter posted below. And I wish all parties and all sides well.

CENSORED PER ORDER OF DISTRICT ATTORNEY, 22ND JUDICIAL DISTRICT, WASHINGTON — ST. TAMMANY PARISHES, CIVIL DIVISION, 214954 KOOP DR, 2G, MANDEVILLE LA 70471

Given the following, I'll be publishing the censorship order in full: "Any e-mail may be construed as a public document, and may be subject to a public records request.  The contents of this e-mail reflect the opinion of the writer, and are not necessarily the opinion or policy of the 22nd Judicial District Attorney’s Office or St. Tammany Parish Government."


Cease and Desist Letter


J. Collin Sims
District Attorney 
22nd Judicial District
Washington – St. Tammany Parishes

Tuesday, February 11, 2025

ALA Loses in Louisiana US Court of Appeals for the Fifth Circuit: Parr v Cougle

American Library Association has lost another case in the courts, this time in the US Court of Appeals for the Fifth Circuit:
Yes, ALA was not directly involved.  But the local group that sued or was supporting the plaintiffs was stood up by ALA, something I've proven and reported, and ALA created hundreds of local groups to sue in this fashion:
Here are choice quotes from the Parr v. Cougle case:
Their substantive-due-process claim is based upon alleged reputational injuries they suffered because of “false  charges” that “they are liberal, activist, members of a political conspiracy to s[*]xualize children.”  But Plaintiffs’ alleged injuries are insufficient to establish standing because (A) their speech-related injuries are not particularized and (B) their reputational injuries are neither fairly traceable to Defendants’ conduct nor redressable by a favorable decision. 
.... 
Plaintiffs attempt to draw a distinction, arguing that they suffered these injuries in their personal capacities, not as Board members.  But any distinction here is too faint to make a difference.  Indeed, the Article III question whether Plaintiffs have suffered a “particularized” injury necessarily precedes any First Amendment issue raised by Plaintiffs.  

....

At its core, this case is not about viewpoint discrimination, free speech, retaliation, or substantive due process.  Plaintiffs lost their Board positions and thereby lost the power to wield the levers of influence over St. Tammany’s libraries—and they want that control back.  But rather than pursue that aim through the political process, they have “dragged that fight into federal court by tricking it out in [constitutional] colors.”  Jones, 121 F.4th at 537 (citation and quotation marks omitted). 
Here's my take.  People who follow ALA advice and create a local group to say and do what ALA wants get burned in the end, so why expose yourselves to this?  ALA's biggest loss was United States v. American Library Association that allowed libraries to use Internet filtering software.  ALA sought to allow children unfettered access.  ALA lost $1.5M in that fruitless effort.  

ALA lost against me when it had some library employee sue me for defamation ten years ago and lost, twice.  She ultimately lost her beloved job at her library since they lost confidence in her, besides her homophobia that ALA funded and promoted.  ALA even helped fund raise for her.  Meanwhile, she was photographed vacationing in Florida with her family at a beach, so she clearly didn't need the funding.  See her vacationing here:

Now in this St. Tammany Library Alliance case they got told by the 5th Circuit:
Plaintiffs lost their Board positions and thereby lost the power to wield the levers of influence over St. Tammany's libraries—and they want that control back.  But rather than pursue that aim through the political process, they have "dragged that fight into federal court by tricking it out in [constitutional] colors."

That's brutal.

Don't let ALA convince you to file losing lawsuits that trick out minor cases in constitutional colors.

And, to show how devoted this ALA-created local group is to ALA goals, even in the face of a brutal loss, they lie about it, using language that could have come straight from ALA:
February 11, 2025

Joint statement of Anthony Parr, Rebeca Taylor, and Bill McHugh:

We are disappointed that the appeals court ordered our case dismissed on jurisdictional grounds and did not resolve the claims of legislative privilege raised by defendants.  Defendants asserted legislative privilege in this case to hide evidence that demonstrates the merits of plaintiff's case.  Plaintiffs lost their positions on the St. Tammany Parish Library Board because members of the Parish Council disfavored their views on certain library materials.

This outcome is a loss for libraries and the communities they serve.  Library board members must be allowed to perform their roles without fear of retaliation and discrimination for defending the public's right to read and access information.
You see, these people have completely lost the plot.  The Courts of Appeals spoke directly against what they are saying here, but they are so blinded by ALA-colored glasses that that can't see what they said is completely false.  Instead, they decry the loss of the "public's right to read and access information."  That has absolutely zero to do with this case.  The Court said, "At its core, this case is not about viewpoint discrimination, free speech, retaliation, or substantive due process."  "But rather than pursue that aim through the political process, they have 'dragged that fight into federal court by tricking it out in [constitutional] colors.'"

People, don't listen to ALA.  ALA gives bad advice.  ALA gives loser advice that leads to losing.  Groups ALA starts don't even see it because they completely believe the ALA propaganda hook, line, and sinker.

By the way, now that US Department of Education has exposed ALA's "book ban" hoax, these ALA-engendered cases are only going to become faster losers than they would have been initially.  My advice is to stay away from ALA's advice.  Your pocketbook and your brain will thank you.


NOTE ADDED 12 FEBRUARY 2025:

Others have written about this matter and the excuses of those pushing the ALA agenda:




In light of the total loss by the ALA astroturfers, it's interesting to look back at their claims and how media portrayed them essentially uncritically and with loaded language:



NOTE ADDED 28 MARCH 2025:

Graphic top right changed at government request.

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Saturday, June 22, 2024

Library Assistant Director Fired for Conservative Thought Wins First Amendment Free Speech Lawsuit Brought by ACLJ; ALA Silent

American Library Association gives out awards and money to librarians who harm children to encourage others to harm more children.  Examples: LeRoy C. Merritt Humanitarian Fund, the Lemony Snicket Prize for Noble Librarians Faced With Adversity, the Gordon M. Conable Award, the Roald Dahl's Miss Honey Social Justice Award, the Intellectual Freedom Award, the Judith F. Krug Memorial Fund, and so on.  

But somehow there are no similar accolades for conservative librarians.  When a librarian speaking in defense of children gets fired, ALA is silent.  No support.  No money.  No recognition.  You're on your own.  You do you.

ALA even knows this librarian as it published and is currently selling her book in the ALA Store, but still, silence about the violation of her First Amendment free speech rights.  Silence at the Annual Conference this week called #ALAAC24.  That silence says a lot about all those ALA awards and what they are really worth.  ALA can't even support one of its own authors.



Here is the story of that librarian, a true First Amendment/free speech hero, but ALA won't tell you:

"'The Dudley-Tucker Redemption'; Justice Prevails in Public Library Lawsuit"

Arlene Quaratiello
No Shushing Now: Exposing Today's Woke Libraries
21 June 2024

In one of my favorite movies, The Shawshank Redemption, an innocent man who is wrongfully convicted of murder and imprisoned for many years is ultimately vindicated after patiently and methodically pursuing justice.  I can’t help but see similarities between this film and what happened to me as an employee of the Dudley-Tucker Library in Raymond, New Hampshire, over the past year and a half. While the activity that I was persecuted for was much different and the length of time it has taken for me to be vindicated has been much shorter (although it has seemed like an eternity), both stories offer the redeeming message that justice will ultimately prevail and that, as Shakespeare wrote, “the truth will out.”

Well over a year ago, on April 5, 2023, I was fired from my job as the Assistant Director of the Dudley-Tucker Library in Raymond where I had only been working since the previous December.  Like all new employees, I was still within my probationary six-month period.  As far as I knew, I was performing all of my job duties in a satisfactory manner.  On this particular morning, however, the library director, Kirsten Rundquist Corbett, informed me that she and the library trustees, Jill Galus, Sabrina Maltby, and Valerie Moore, had decided to fire me.  I was presented with a termination letter signed by Corbett, Galus, Maltby, Moore and then-town manager Ernest Creveling.  This letter claimed that I had “not fulfilled the conditions of employment because of [my] lack of separation of personal/political values and agendas from DTL policies, procedures, and occurrences.”  In a sudden state of shock and confusion, I could hardly process the words contained in this document.

Unable to identify any negative actions on the job that could have justified my dismissal, I asked if my termination had anything to do with my recent political activity in my hometown of Atkinson, New Hampshire, which I represent in the State Legislature.  A couple of months earlier, I had recruited two conservative candidates to run for the board of library trustees in Atkinson, and I had continued to support them in their campaigns.  This activity included writing an endorsement letter to a local newspaper that highlighted how these candidates believed in “protecting our children from the increasing amount of inappropriate material available both in print and online without sacrificing the intellectual freedom that has always characterized public libraries.” To my disbelief, Corbett affirmed my suspicions.  Understandably upset, I succumbed to the natural “fight or flight” response by opting for the latter choice; I wanted to get out of that library immediately.  Completely blindsided, I signed the termination letter and left.  Only later would feelings of indignation motivate me to fight back. 

Suddenly finding myself without a job, I reflected back on the weeks preceding my termination. I recalled the very politically charged environment I surprisingly found myself in.  Some concerned Raymond residents had drafted warrant articles pertaining to the library that were to be voted on during that town’s upcoming election in March.  One of these articles called for the removal from the children’s room of inappropriate material while the other pertained to the Dudley-Tucker Library ending its membership with the American Library Association, an organization which has been increasingly called out for promoting inappropriate material to children.  In the weeks leading up to this election, many patrons commented to staff about these warrant articles when they came into the library both in support and in opposition.  I tried to maintain an appropriately neutral position throughout this time even though other staff members freely expressed their opinions. The trustees even made a video that was posted on the library’s Facebook page by the director advising citizens to vote against the warrant articles, a situation that eventually led to the New Hampshire Attorney General sending a “cease and desist” letter to the director and trustees in response to this clear violation of electioneering laws. 

In the days that followed my termination, I thought about this double standard, and I began to realize that a great wrong had been done to me.  The trustees and director had egregiously violated my First Amendment right to free speech by terminating me for recruiting, supporting, and endorsing conservative library trustee candidates.  I was fired for voicing my opinion about candidates outside of work time and even outside of the town I worked in.  I began to wonder if I would have been fired if I had supported candidates who espoused beliefs more congruent with the ALA agenda. 

I realized that, while new employees on probation can be fired for just about any reason, they cannot be fired for a reason protected by the Constitution.  My right to support any candidate is ensured by the First Amendment.  As permitted by state law (NH RSA 202-A:17), I requested a public hearing to discuss the circumstances related to my termination.   While waiting for a response to this request, I also obtained a copy of my personnel file.  This file included a copy of my published letter-to-the-editor mentioned above. The phrase “protecting our children from the increasing amount of inappropriate material available both in print and online” was highlighted, apparently because it was a section that was considered controversial. My endorsement obviously implied that I held the same belief, and this was the belief that the trustees and director objected to me speaking out against.  To my utter astonishment, I also found a copy of a private e-mail message in my employee file.  This message had been sent to the chair of my local Republican club and was only intended to be distributed to members of that group with the purpose of recruiting conservative library trustee candidates.  

When I did not receive a response to my request for a public hearing after a week, I sent another request, this time threatening legal action.  Two days later, on Friday, April 21st, I was surprised to receive a termination rescindment letter.  Obviously, my adversaries had realized that they had done something wrong and didn’t want to get in trouble, so they attempted to brush their error under the rug. Returning to work three weeks after my dismissal, I felt like I had entered some sort of “twilight zone” in which I had never left, had never been fired, and had never been gone.  There was no recognition that something egregious had happened, no apology, and no mention of my termination. 

Despite being rehired and even being paid for the time I had been away, this ignoring of a great wrongdoing was troubling to me.  Where was the justice and the certitude that such a violation would not ever happen again?  Although I was re-hired with back pay, I was left feeling that justice had not been adequately served.  I found it particularly troubling that the library trustees had violated my rights because, like all elected officials, they take an oath of office in which they swear allegiance to the Constitution.  By wrongfully terminating me, these trustees had violated their oaths by infringing on one of the most important rights in the Constitution—freedom of speech.  My reinstatement alone did not achieve adequate justice because the crime that the trustees and director committed had gone unrecognized. 

In search of a more satisfactory resolution to this situation, I sought a legal remedy.   I spent the next few months seeking legal representation from a number of nationally recognized organizations, but these groups unfortunately declined my case because it didn’t quite fit in with their missions.  My final attempt at securing justice was a plea to the American Center for Law and Justice (ACLJ).  I assumed that my request for legal representation would be denied until I heard back from ACLJ attorney Nathan Moelker.  Speaking with Mr. Moelker at length one afternoon last August, I felt that someone finally understood what I was fighting for – not money or revenge, but simple justice. 

Over the next couple of months, I frequently communicated with Mr. Moelker and the lawsuit was officially filed on October 27, 2023. In the months that followed as Mr. Moelker and his associate Ben Sisney negotiated with the defendants’ counsel, I found it extremely awkward and difficult to go into work every day having to interact with a supervisor who I was suing as well as the other defendants who frequently came into the library.

While this lawsuit initially demanded a jury trial, I was concerned about the amount of time such a trial would take and the emotional distress that it would cause. During negotiations between the lawyers on both sides, a financial offer was made in exchange for my resignation.  Such a settlement, however, did not feel right to me because it would give the defendants exactly what they had wanted when they committed their original crime – my departure.  I ultimately rejected this offer and remained at my job, difficult as it was to do so.   Since my goal was to simply secure some recognition of wrongdoing and the assurance that such wrongdoing would never happen again, I ultimately agreed to a settlement that would achieve these ends in the form of a “consent decree.”

Finally, the defendants agreed to this decree.  Basically, this document acknowledges that the “Dudley Tucker Library regrets its conduct toward [me] and the violation of [my] constitutional rights.”  The decree loudly and clearly declares that terminating me for my political activity “constituted a violation of [my] First Amendment rights”! It further assures that the library and the town “will take any other actions reasonably necessary to ensure this type of constitutional violation does not occur again.”  The decree recognizes the right of town employees to engage in political activities when not at work.   It even stipulates that the town employee handbook must be revised to include a section acknowledging the right of employees to participate in political activism outside of work. 

I have since left my job as Assistant Director of the Dudley-Tucker Library, but my resignation was offered in order that I can pursue a new opportunity, not because I would receive financial compensation in exchange for acquiescing to the demands of those who wronged me.  Once an acknowledgement of their wrongdoing was finally made and a promise that such a transgression could never happen again, I left my job.  This recognition is all that I had ever wanted during the many months that followed their egregious violation of the First Amendment.  Such a violation seemed especially hypocritical since it happened in a public library, an institution that is supposed to be a shrine to free speech and intellectual freedom.  I consider the resolution of my case, thanks to the hard work of the American Center for Law and Justice, to have ensured the redemption of one such institution, and I hope that it serves as an example to every public library not only in New Hampshire but throughout the entire country.

I would like to acknowledge the ACLJ for representing me pro-bono. Such representation is made possible through the generosity of donors who truly support justice. Please consider financially supporting the ACLJ!




UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Civil Action No.:1:23-cv-00482-AJ

___________________________________________

ARLENE QUARATIELLO,

Plaintiff,

vs.

TOWN OF RAYMOND, DUDLEY TUCKER 
LIBRARY, VALERIE MOORE, trustee of Dudley
Tucker Library, in her individual capacity as trustee
and in her individual capacity, JILL GALUS, 
trustee of Dudley Tucker Library, in her 
official capacity and in her individual capacity,  
SABRINA MALTBY, former trustee of Dudley 
Tucker Library, in her individual capacity,  
KIRSTEN A. RUNDQUIST CORBETT, director  
of the Dudley Tucker Library, in her
official and individual capacities,

Defendants.
___________________________________________

CONSENT ORDER

Stipulation of Agreed Facts

The Town of Raymond, Dudley-Tucker Library and Arlene Quaratiello hereby stipulate to the following agreed facts:
  1. Arlene Quaratiello is a member of the New Hampshire House of Representatives, representing the district Rockingham 18, and serves on the House Education Committee. On December 12, 2022, she began a full-time position of employment as the Assistant Library Director of the Dudley-Tucker Library.
  2. On January 16, 2023, Quaratiello sent an email to the Atkinson/Plaistow branch of the Republican Party urging Republicans to run for elected positions as library trustees in Plaistow or Atkinson and to present conservative positions on such issues. This email was sent from Quaratiello's personal email account and was not sent during work hours or in her official capacity.
  3. On February 27, 2023, Quaratiello sent a letter to the local newspaper, the Carriage Towne News, a paper published in Kingston, New Hampshire. That letter endorsed two conservative candidates for the trustee role at the Kimball Library in Atkinson, where Quaratiello serves as a New Hampshire Representative, and was not sent during work hours or in her official capacity.
  4. On the morning of Wednesday, April 5, 2023, Quaratiello was called to meet with then Library Trustee Valerie Moore, Library Director Kirsten Rundquist Corbett, and then Town Manager Ernest Creveling. They informed her that she was being terminated from employment.
  5. Quaratiello was immediately provided a termination letter at the meeting, dated April 4, 2023, stating, in part, that she was terminated "because of [her] lack of separation of personal/political values and agendas from DTL policies, procedures, and occurrences" and because she was "not able to maintain the separation between personal and Library tenets."
  6. The basis set forth in the letter for Quaratiello's termination was because she engaged in off duty, public, expressive, political activity, outside the scope of her employment with the Library.
  7. After her termination, Quaratiello was subsequently restored to her employment, effective April 25, 2023, and paid for the time between her termination and reinstatement, but without any concession or admission of wrongdoing.
  8. The Dudley-Tucker Library regrets its conduct toward Quaratiello and the violation of Plaintiff Quaratiello's constitutional rights, and will remind, in writing, all personnel to refrain from engaging in disciplinary activity that punishes the First Amendment activities of employees. The Dudley-Tucker Library and Town of Raymond will take any other actions reasonably necessary to ensure this type of constitutional violation does not occur again.
  9. The parties agree that public employees have the right to support and campaign for parties of their choice and to support and campaign for the candidates and issues of their choice, when acting outside the scope of their employment and without using public resources.
Consent Injunction

The Dudley-Tucker Library, Town of Raymond, and Quaratiello consent to the following as part of the parties' agreement to settle and dismiss this case. Accordingly, IT IS HEREBY ORDERED THAT:

(A)  Pursuant to the declaratory judgment statute, 28 U.S.C. § 2201, it is DECLARED that the actions of the Dudley-Tucker Library, and Town of Raymond, their officers, employees, and agents, in terminating Plaintiff Quaratiello for her political activity constituted a violation of her First Amendment rights.

(B)  Pursuant to Federal Rule of Civil Procedure ("Rule") 65(d), the Dudley-Tucker Library, and Town of Raymond, their officers, successors in office, employees, and agents are ORDERED to expunge any documents related to Quaratiello's termination, reinstatement, or otherwise related the incidents described in the Complainant.

(C)  Pursuant to Rule 65(d), the Dudley-Tucker Library, and Town of Raymond, their officers, successors in office, employees, and agents are ENJOINED from disciplining Plaintiff Quaratiello or other similarly situated employees for off-duty political speech and activity that does not occur using Library resources or time. Specifically, Plaintiff Quaratiello and other such employees will not be punished in the future for off-duty political activity, so long as it does not occur during Library time, using Library resources, or specifically relying on their identity as an employee of Dudley Tucker Library.

(D)  The Dudley-Tucker Library shall reiterate to all employees that Library policy cannot and does not prohibit employees from engaging in off-duty, constitutionally-protected political activity.

(E)  An additional section shall be added to the employee handbook or training documents, in a location or section appropriate, that briefly acknowledges the constitutional right of employees to engage in off-duty political activity that occurs outside the scope of their employment.

(F)  Quaratiello will file a stipulation of dismissal of this litigation against all Defendants.
This Court retains jurisdiction to enforce the terms of this Consent Order.

SO ORDERED, this 10th day of June, 2024.


_____/s/________________________  
Andrea K. Johnstone
United States Magistrate Judge

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Monday, March 18, 2024

Moms Countersue School Librarian Roxana Caivano

COYLE & MORRIS LLP
201 Littleton Road, Suite 210
Morris Plains, NJ 07950
(973) 370-0592
jcoyle@coylemorris.com
John D. Coyle 029632001
Attorneys for Defendants
Christina S. Balestriere and Kristen Cobo

__________________________________________
ROXANA M. RUSSO CAIVANO, 
     Plaintiff,

v.

THOMAS SERETIS, CHRISTINA
SCARBROUGH BALESTRIERE, KRISTEN
COBO, AND KATRINA ALBO, and/or 
JOHN DOE 1-5 (fictitious names), JANE DOE 
1-5 (fictitious names),

     Defendants, 

CHRISTINA SCARBROUGH 
BALESTRIERE and KRISTEN COBO,

     Third-Party Plaintiffs,

v.

ANTHONY P. CAIVANO,

     Third-Party Defendant.
__________________________________________


SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MORRIS COUNTY

Docket No.: MRS-L-485-23 
Civil Action

ANSWER, COUNTER-CLAIM, THIRD-PARTY COMPLAINT, DEMAND FOR DISCOVERY, and JURY DEMAND


Christina S. Balestriere (“Christina”) and Kristen Cobo (“Kristen”), by way of Answer to the Complaint of Roxana M. Russo Caivano, say:

FIRST COUNT

1. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

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2. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

3. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

4. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

5. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

6. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

7. Denied.

8. Christina and Kristen lack knowledge or information sufficient to form a belief as
to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

9. Denied.

10. Denied.

11. Denied.

12. Christina and Kristen lack knowledge or information sufficient to form a belief as
to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

13. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

SECOND COUNT

1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.

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2. Denied.

3. Denied.

4. Denied.

5. Denied.

6. Denied.

7. Denied.

8. Denied.

9. Denied.

THIRD COUNT

1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.

2. Denied.

3. Denied.

4. Denied.

5. Denied.

6. Denied.

FOURTH COUNT

1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.

2. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

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3. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

4. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

FIFTH COUNT

1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.

2. Denied.

3. Denied.

4. Denied.


AFFIRMATIVE DEFENSES

First. Plaintiff’s Complaint fails to state a claim upon which relief can be granted.

Second. Christina and Kristen assert their First Amendment right to freedom of speech regarding their opinions.

Third. Christina and Kristen assert their First Amendment right to petition the government for redress and the legal protections of their statements made pursuant thereto. 

Fourth. Christina and Kristen deny that any statements made were defamatory.

Fifth. Christina and Kristen are protected by the Fair Reporting Privilege.

Sixth. The statements made by Christina and Kristen were true and thus, not defamatory.

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Seventh. The statements made by Christina and Kristen were substantially true, and thus, not defamatory.

Eighth. The statements made by Christina and Kristen were opinion, and thus, not defamatory.

Ninth. The statements made by Christina and Kristen are protected by qualified privileges.

Tenth. The statements made by Christina and Kristen were made in good faith. 

Eleventh. Plaintiff was not damaged by the statements made by Christina and Kristen. 

Twelfth. Plaintiff has received elevated status and not suffered any harm as a result of the statements from Christina and Kristen. https://youtu.be/i4pgUgEn99Y





Thirteenth. Plaintiff is not entitled to punitive damages under the claims asserted here. 

Fourteenth. Plaintiff was a public figure and thus, the statements made by Christina and Kristen are not actionable.

Fifteenth. Plaintiff was a limited purpose public figure, and thus, the statements made by Christina and Kristen are not actionable.

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Sixteenth. The statements made by Christina and Kristen were made regarding a legitimate public concern.

Seventeenth. The statements made by Christina and Kristen were not made with actual malice.

Eighteenth. The statements made by Christina and Kristen were not made with reckless disregard for whether they were true or false.

     WHEREFORE HAVING FULLY ANSWERED, DEFENDANTS CHRISTINA. S. BALESTRIERE AND KRISTEN COBO DEMAND THAT THE COMPLAINT BE DISMISSED AGAINST THEM WITH AN AWARD OF COSTS AND FEES.


JURY DEMAND

Christina and Kristen demand a trial by jury on all issues involved herein.


TRIAL COUNSEL DESIGNATION

Pursuant to Rule 4:25-4, John D. Coyle, Esq. is hereby designated as trial counsel in the within matter on behalf of responding defendants.


RULE 4:5-1 CERTIFICATION

I hereby certify that the matter in controversy is not the subject of any other action pending in any other Court or of a pending arbitration proceeding, nor is it contemplated that the matter in controversy will be the subject of any other action or arbitration proceeding. I further certify that I am not presently aware of the identity of any other party whose joinder is required by law.

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RULE 1:38-7 CERTIFICATION

I hereby certify that all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers in accordance with the provisions of this rule.


COUNTER_CLAIM AND THIRD-PARTY CLAIM

Defendants/Counter-Claimants/Third-Party Plaintiffs Christina S. Balestriere and Kristen Cobo, by way of Counter-Claim against Plaintiff, and Third-Party Complaint against Anthony Caivano, hereby state:

1. Plaintiff Christina S. Balestriere grew up in West Orange, NJ and graduated from Mount Saint Dominic Academy. She went on to receive her Bachelor’s Degree in Psychology from Drew University and eventually her Certificate of Eligibility with Advanced Standing for Teacher of Students with Disabilities from The College of Saint Elizabeth.

2. A former Catholic school Physical Education teacher and most recently a public school Special Education teacher, Christina moved with her family to Roxbury in 2014 and chose to stay home and raise her 3 young children. She is a member of St. Therese Church and an active member of the community with her children involved in multiple sports and activities.

3. Having 3 boys moving up through the public school system and having been an educator herself, Christina understands the importance of being involved in her children's education both present and future.

4. Plaintiff Kristen Cobo moved to Roxbury at age 6 and attended Roxbury schools from 1st grade, ultimately graduating from Roxbury High School in 2003. She went on to receive her Bachelor of Social Work degree at Ramapo College, receiving advanced standing in her major.

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Kristen then attended Fordham University and received her Masters of Social Work degree with a specialization in children and families in just one year.

5. Kristen went on to receive her LCSW(Licensed Clinical Social Worker) and beyond that, a certificate in clinical supervision which enables her to supervise and train new therapists; a requirement prior to becoming licensed. She has worked in the mental health field for 18 years and has seen the detriments of adults who are unable to put the safety and wellbeing of children first. Kristen worked at St. Clare’s Children’s Crisis Unit, High Focus Centers Children’s Psych, and for Effective School solutions for 9 years at which time she was a direct clinician and ultimately a Regional Clinical Director overseeing the intensive clinical mental health services being provided to the most at risk students in school districts all over NJ.

6. She currently has her own private practice which she opened in 2022. In 2022, Kristen was appointed by the Roxbury school principal to her children’s school crisis response team, a volunteer position. She has been an active member at St. Therese RC Church in Succasunna for the last 31 years, attending church every Sunday with her family. Kristen currently resides with her husband of 10 years and two children. Kristen enjoys volunteering in the many activities in which her children participate, including Girls Scouts of America, CCD, coaching little league baseball and many other activities at her children’s school.

7. In or around August of 2022, Christina and Kristen became aware of three books that were in the Roxbury Public School library which is used by students as young as age 13.

8. Subsequently, Christina and Kristen learned that the books, “This Book is Gay,” “Lawn Boy,” “Gender Queer,” “Fun House,” and “All Boys Aren’t Blue” were in the library.

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9. Christina and Kristen contacted Roxbury School Superintendent, Dr. Radulic, to advise her of the presence of these books as well as the explicitly sexually explicit illustrations in said books.

10. Dr. Radulic advised Defendants to contact the school librarian, Plaintiff Roxana Caivano, to raise their concerns.

11. On August 29th 2022, Dr. Loretta Radulic emailed Roxana Caivano explicitly requesting her to remove the books. “......I’m sure Dominick already shared with you that we will temporarily pull the books off the shelf and ask the parent to complete a ‘challenge ’form for review.”

12. On August 29, 2022, Roxana Caivano emailed Dr. Radulic back saying, “I thought we said this morning that I would respond to the parent with the draft I shared and add that I would put the books behind the desk and give them out upon request. I thought we were going to wait and see if this would appease her before we suggested the challenge form.”

13. Dr. Loretta Radulic emailed Caivano back and wrote, “Upon review with Dominick and Chuck and taking a look at the books, our directed [sic] changed a bit.”

14. Jonathan Evison, the author of Lawn Boy told the Washington Post that he “never meant for his book to be placed in school libraries.”

15. Jonathan Evison further told the Washington Post that Lawn Boy is “meant for adults.”

16. Jonathan Evison then added, “If schools want to offer the text, he said, they should restrict access to older students.”

17. On August 31, 2022, Defendant, Christina Balestriere, emailed Roxana Caivano, with her concerns that these books were available to all ages.

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18. In response, on September 9, 2022, Roxana Caivano responded and confirmed that all three books are in fact in the Roxbury High School Public Library. She explicitly stated, “...yes, I have read them all myself.”

19. Roxana Caivano sends twitter messages under the Twitter handle, “Roxbury Media” using @roxburymedia.

20. On September 19, 2022, Roxana Caivano sent a tweet out explicitly recommending that readers read five books, including the three previously identified: “This Book is Gay,” “Lawn Boy,” “Gender Queer,” “Fun House,” and “All Boys Aren’t Blue.”



21. The purpose of display of books in a library is to draw attention to books and suggest they be read.

22. On or before September 19, 2022, Roxana Caivano created an “end cap” display for the library to promote and encourage children to read these 5 books and others.

23. This new library display from Roxana Caivano included other books, such as “Let’s Talk About It.”

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24. Let’s Talk About It includes diagrams showing the following, labeled “Things to Try:”



25. Through the Twitter post and the library display, Roxana Caivano encouraged children as young as age 13 to read Let’s Talk About It, and thus, encouraged children as young as 13 to “have an assload of fun with a healthy helping of lube.”

26. Through the Twitter post and the library display, Roxana Caivano encouraged children as young as age 13 to read This Book Is Gay, and thus, encouraged children as young as 13 to learn how to access “Sex Apps” including Grindr.

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27. According to the Grindr terms of service, the app prohibits anyone under the age of 18 from accessing, directly or indirectly, viewing, downloading, or otherwise using Grindr services.

28. While the Grindr app is specifically identified in This Book is Gay, upon information and belief, the terms of service for all other sex apps prohibit use by minors.

29. Also, by encouraging children as young as 13 to read This Boy is Gay, Roxana Caivano encouraged them to learn such terms as:



30. Through the Twitter post and the library display, Roxana Caivano encouraged children as young as age 13 to read “Gender Queer.”

31. Amazon.com lists Gender Queer as appropriate for ages “18 years and up.”

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32. Gender Queer includes illustrations where the under-age narrator fantasized about an adult man pulling the penis of a child as the child pulls the adult male to him.



33. Gender Queer also includes illustrations of a librarian “sexting” or sending and receiving sexual messages in a public library.



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34. As depicted in the illustration promoted by Roxana Caivano to children as young as 13, the librarian receives a message “I can’t wait to get your cock in my mouth—I’m going to give you the blow job of your life.”

35. Another illustration from the Gender Queer book promoted by Roxana Caivano to children as young as 13 depicts the acts from the librarian’s sexting from the prior panel.




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36. Another of the books promoted by Roxana Caivano to children as young as 13 was Lawn Boy, which depicts various set acts involving children as young as ten:

“What if I told you I touched another guy’s dick?” I said. ...“What if I told you I sucked it?” ...“I was ten years old, but it’s true. I put Doug Goble’s dick in my mouth.”
...
“All I could think about while he was chatting me up over the rim of his cappuccino was his little salamander between my fourth-grade fingers, rapidly engorging with blood.”

37. In response, Christina and Kristen spoke at the Roxbury Board of Education meetings on September 19, 2022 where Kristen, a licensed clinical social worker, with a specialization in children and families from Fordham University, referenced legal prohibitions against displaying certain materials to children.

38. Kristen cited N.J.S.A. 2C:24-4B(5)(B). “Endangering the Welfare of a Child” which states that it is unlawful to knowingly view or possess any media, including video games, that depict a child engaged in a sexual act. The law applies to simulations and actual acts. It also states that exposing a minor to sexual activity in a manner that may debauch or impair his or her morals is a third-degree offense that carries a sentence of up to five years in prison. If the act is committed by a parent or by one who has authority over a child, the crime escalates into a second- degree offense.

39. Christina and/or Kristen attended the subsequent Board of Education meetings to repeatedly ask the school board to remove these sexually explicit materials from the library.

40. Roxana Caivano has refused to stop promoting those books, containing the passages outlined above, to children as young as 13, and continues to do so to this day.

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41. As recently as May 19, 2023, she widely disseminated an email trying to rally
people to come to the May 23, 2023 Roxbury School Board meeting to “ show up in support so we can silence them” referring to Christina and Kristen.

42. At the School Board Meeting, after triumphantly raising her arms, Roxana Caivano and Anthony Caivano walked down the aisle yelling at parents and pointing at them, including Christina and Kristen.



43. Roxana Caivano even concluded by hitting the sign of a seated person exercising their First Amendment Rights to petition the government for redress.




Defamatory Statements

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February 1, 2023 Posting

44. On February 1, 2023, Third-Party defendant Anthony “Tony” Caivano posted a message in a Facebook chat stating that his wife Roxana Caivano “has had multiple book challenges this year from a posse of book burners,” referring to Christina and Kristen.

45. The message was on a chat that was shared with multiple recipients from the conversation and was seen and commented on by others.

46. Anthony Caivano further stated, “We are going to defeat this reactionary bullshit.”

47. Anthony Caivano made those statements knowingly referring to Christina and Kristen.

48. Anthony Caivano made those statements with the intention that a reasonable person would understand them to refer to Christina and Kristen.

49. According to the United States Holocaust Museum(1):
Book burning has a long and dark history.
Book burning refers to the ritual destruction by fire of books or other written materials. Usually carried out in a public context, the burning of books represents an element of censorship and usually proceeds from a cultural, religious, or political opposition to the materials in question.
The burning of books under the Nazi regime on May 10, 1933, is perhaps the most famous book burning in history.

50. The term “book burners” as used by Anthony Caivano to refer to Christina and Kristen was a reference to the practice from Nazi Germany of burning books:
____________________
(1) https://encyclopedia.ushmm.org/content/en/article/book-burning

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51. By referring to Christina and Kristen as “Book Burners,” Anthony Caivano intended for the readers of his message to associate Christina and Kristen with Nazis.

52. Anthony Caivano made these statements with the intention that a reasonable person would understand them to refer to Christina and Kristen.

53. Anthony Caivano made the statements about Christina and Kristen with knowledge that they were not Nazis or with reckless disregard for the truth that they were not Nazis.

February 1, 2023 Second Posting

54. On February 1, 2023, Roxana Caivano referred to parents who question these books as “fascists” on Tony Caivano’s public Facebook page.

55. Roxana Caivano made those statements knowingly referring to Christina and Kristen.

56. Roxana Caivano made those statements with the intention that a reasonable person would understand them to refer to Christina and Kristen.

57. By calling Christina and Kristen Book Burners and Fascists in a single chat, Roxana Caivano and Anthony Caivano worked together toward a single goal of having the readers identify Christina and Kristen as Nazis.

April 27, 2023 Interview

58. In a televised interview with ABC news on April 27, 2023, Roxana Caivano stated that the
parents she is suing, referring to Christina and Kristen, “called me a pornographer.”

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59. Roxana Caivano knew that the statement that Christina and Kristen called her “a pornographer” was false, or with a reckless disregard for the truth of the statement.

60. Roxana Caivano knew that the April 27, 2023 interview would be broadcast, intended for it to be broadcast, and it was broadcast on television.

61. It also remains on the ABC7NY.com website as a streaming video clip today.

April 27, 2023 Postings

62. On April 27, 2023, in the Tap Into Roxbury public comments section, Anthony Caivano wrote “...no one has a right to call any librarian a criminal, a groomer or a pornographer, which is precisely what the Roxbury crew did to Roxana.”

63. Anthony Caivano made his statements knowing, or with a reckless disregard for the truth, that Christina and Kristen did not call Roxana Caivano a “criminal.”

64. Anthony Caivano made his statements knowing, or with a reckless disregard for the truth, that Christina and Kristen did not call Roxana Caivano a “pornographer.”

65. Anthony Caivano made his statements knowing, or with a reckless disregard for the truth, that Christina and Kristen did not call Roxana Caivano a “groomer.”

May 9, 2023 Interview

66. Roxana Caivano was interviewed for an article posted on NJ 101.5.

67. Roxana Caivano stated that Christina and Kristen objected to the books described above
“because of its LGBTQ content.”

68. Roxana Caivano knew, or had a reckless disregard for the truth, that Christina and Kristen objected to the books based on their sexual content, not because of the LGBTQ content.

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May 25, 2023 NJ Spotlight News Q&A

69. Roxana Caivano was interviewed for the NJ Spotlight News Q&A article on or about May 24, 2023.

70. In the article posted at https://www.njspotlightnews.org/2023/05/q-a-roxana-russo- caivano-librarian-in-nj-book-ban-fight/, Roxana Caivano falsely stated that she was called vile names by members of the Roxbury community and that she has sued the group of parents.

71. Roxana Caivano made that statement knowing it would be publicized.

72. Roxana Caivano knew, or had a reckless disregard for the truth, that Christina and Kristen
did not call her “vile names.”

73. Roxana Caivano made that statement intending for others to understand it to be referring to Christina and Kristen.

74. It was reasonable for people reading the NJ Spotlight News online article to believe the Roxana Caivano was referring to Christina and Kristen.

75. Collectively the February 1, 2023 Posting, February 1, 2023 Second Posting, April 27, 2023 Interview, April 27, 2023 Postings, May 9, 2023 Interview, and May 25, 2023 NJ Spotlight News Q&A are referred to hereinafter as the Defamatory Statements.

FIRST COUNT

(Libel and Defamation)

76. Christina and Kristen repeat and reallege their allegations in the prior paragraphs as if fully
set forth herein.

77. Roxana Caivano and Anthony Caivano made the Defamatory Statements as alleged facts regarding Christina and Kristen.

78. The Defamatory Statements were published to third persons orally and in writing.

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79. Roxana Caivano and Anthony Caivano made the Defamatory Statements with negligent disregard for the truth of the statements.

80. Roxana Caivano and Anthony Caivano made the Defamatory Statements with careless disregard for the truth of the statements.

81. Roxana Caivano and Anthony Caivano made the Defamatory Statements with reckless disregard for the truth of the statements.

82. Roxana Caivano and Anthony Caivano made the Defamatory Statements intentionally knowing the statements were untrue.

83. Roxana Caivano and Anthony Caivano made the Defamatory Statements intending to cause harm to Christina and Kristen.

84. As a result, Christina and Kristen suffered harm to their reputation, standing, professional and personal capacity, and have been cast in a false light.

85. Kristen has had clients cancel her services as a result of the defamatory statements from Roxana Caivano and Anthony Caivano.

86. The Defamatory Statements were defamatory per se.

87. As a result, Christina and Kristen have been damaged.

     WHEREFORE, Christina and Kristen demand judgment against Roxana Caivano and
Anthony Caivano, individually, jointly, and severally, for compensatory damages, punitive damages, interest, and costs of suit.

SECOND COUNT

(Intentional Infliction of Emotional Distress)

88. Christina and Kristen repeat and reallege their allegations in the prior paragraphs as if fully
set forth herein.

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89. As a direct and proximate result of the Defamatory Statements, Christina and Kristen suffered and continued to suffer emotional distress.

90. As a result, Christina and Kristen suffered harm to their reputation, standing, professional and personal capacity, and have been cast in a false light.

91. Kristen has had clients cancel her services as a result of the defamatory statements from Roxana Caivano and Anthony Caivano.

92. As a result, Christina and Kristen were damaged.

     WHEREFORE, Christina and Kristen demand judgment against Roxana Caivano and Anthony Caivano, individually, jointly, and severally, for compensatory damages, punitive damages, interest, and costs of 
suit.

DEMAND FOR ANSWERS TO INTERROGATORIES

Pursuant to Rule 4:17-1, Defendants/Third-Party Plaintiffs/Counter-Claimants Christina Balestriere and Kristen Cobo serve the following requests for answers to interrogatories with this pleading. Responses are due within the time calculated in Rule 4:17-4(b), 60 days after service of the summons and complaint:

1 Identify the “vile names” that you contend that Christina and Kristen called you and for each alleged occasion, set forth:

     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

2 Set forth all facts to support the statement that Christina and Kristen are “book burners.” 

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3 Identify all instances when Christina and/or Kristen burned books and for each alleged occasion, set forth:

     a. The date and time of the book burning;

     b. The location of the book burning;

     c. All persons who were present when Christina and/or Kristen burned books.

     d. Identify any and all photographs, videos, or other media depictions of Christina and/or Kristen burning books.

4 Set forth all facts to support the statement that Christina and Kristen objected to the
books identified in the Counter-Claim and Third-Party Complaint “because of its LGBTQ content.”

5 For each for each alleged instance where Christina and Kristen objected because of the book’s LGBTQ content, set forth:

     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

6 Set forth all facts to support the statement that Christina and Kristen called Roxana a “pornographer” and for each alleged occasion, set forth:

     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

7 Set forth all facts to support the statement that Christina and Kristen called Roxana a “criminal” and for each alleged occasion, set forth:

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     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

8 Set forth all facts to support the statement that Christina and Kristen called Roxana a “groomer” and for each alleged occasion, set forth:

     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

9 Identify and set forth the factual basis for your assertion in paragraph 3 of the Second Count of the Complaint that Christina and Kristen engaged in a civil conspiracy to jointly attack the plaintiff’s reputation, slander, and libel the plaintiff, defame the plaintiff, deprive the plaintiff of her constitutionally guaranteed rights.
    
10 Set forth the ways in which Roxana’s relationship with her employer has been impacted as set forth in paragraph 3 of the Second Count of the Complaint.

11 Set forth the emotional distress that Plaintiff alleges to have suffered as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

12 Set forth the physical manifestations of the emotional distress that Plaintiff alleges to have suffered as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

13 IdentifyallmedicalproviderswhoPlaintiffhastreatedwithasaresultoftheemotional distress that Plaintiff alleges to have suffered as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

     a. For each provider identified in the answers to the prior interrogatory, execute a HIPAA authorization for the release of medical records.

24

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14 Set forth all damages alleged to have been sustained by Plaintiff to her reputation as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

15 Set forth all damages alleged to have been sustained by Plaintiff to her personal reputation as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

16 Set forth all damages alleged to have been sustained by Plaintiff to her employment as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

17 Set forth all facts to support the allegations in the Fifth Count of the Complaint that Christina and Kristen engaged in “purposeful malicious conduct” to interfere with Plaintiff’s employment.

18 Set forth all facts to support the allegations in the Fifth Count of the Complaint that Christina and Kristen engaged in “purposeful malicious conduct” to interfere with Plaintiff’s prospective economic opportunities.

19 Identify any and all prospective economic opportunities that Plaintiff has lost as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

20 Identify any and all injuries that have been inflicted on Plaintiff as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

21 Identify all persons with relevant knowledge of the claims in the Complaint, or your affirmative defenses raised in response to this Counter-Claim and/or Third-Party Complaint and for each person identified, set forth:

     a. Their address and telephone number;

     b. The basis of their knowledge;

     c. A description of their knowledge.


DEMAND FOR PRODUCTION OF DOCUMENTS

Pursuant to Rule 4:18-1, Defendants/Third-Party Plaintiffs/Counter-Claimants
Christina Balestriere and Kristen Cobo serve the following requests for the production of documents with this Complaint. Responses are due within the time calculated in Rule 4:18- 1(b)(2), 50 days after service of this pleading:

25

MRS-L-000485-23 058/3021/2023 26:4282:5475 PM Pg 26 of 26 Trans ID: LCV20231226379871550
 
     1 Produce a copy of all documents sufficient to identify when the book “Gender Queer” was purchased for the Roxbury Library.

     2 Produce a copy of all documents identified or referenced in your answers to interrogatories.

Dated: May 31, 2023
COYLE & MORRIS LLP
s/ John D. Coyle
John D. Coyle
Attorney ID: 029632001
201 Littleton Road, Suite 210 
Morris Plains, NJ 07950
(973) 370-3519 
jcoyle@coylemorris.com 
Attorneys for Defendants/Counter- 
Claimants/Third-Party Plaintiffs 
Christina Scarbrough Balestriere 
and Kristen Cobo

26

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Civil Case Information Statement

Case Details: MORRIS | Civil Part Docket# L-000485-23

Case Caption: RUSSO CAIVANO ROXANA VS SERETIS THOMAS
Case Initiation Date: 03/17/2023
Attorney Name: RONALD T NAGLE
Firm Name: RONALD T. NAGLE, PC 
Address: 52 SOUTH STREET 
MORRISTOWN NJ 079600000 
Phone: 9732676780
Name of Party: PLAINTIFF : BALESTRIERE, CHRISTINA, S 
Name of Defendant’s Primary Insurance Company
(if known): None
Case Type: DEFAMATION
Document Type: Answer W/Jury Demand
Jury Demand: YES - 6 JURORS
Is this a professional malpractice case? NO
Related cases pending: NO
If yes, list docket numbers:
Do you anticipate adding any parties (arising out of same transaction or occurrence)? NO
Does this case involve claims related to COVID-19? NO
Are sexual abuse claims alleged by: ROXANA M RUSSO CAIVANO? NO
Are sexual abuse claims alleged by: CHRISTINA S BALESTRIERE? NO
Are sexual abuse claims alleged by: KRISTEN COBO? NO
 
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition:

Do you or your client need any disability accommodations? NO 
If yes, please identify the requested accommodation:

Will an interpreter be needed? NO If yes, for what language:

Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO

I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)

MRS--L--000485--23 08//02//20232::48::4379PM Pg 2 of 2 TTrarnasnsIDID: L: CLCVV20220322323293895855

08/02/2023 
Dated

/s/ RONALD T NAGLE
Signed


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